Cottrell v. Commonwealth

Barrow, J.,

dissenting.

I dissent because, in my opinion, (1) since the defendant was not called to testify at the accomplice’s preliminary hearing, the Commonwealth failed to prove that he refused to testify truthfully; and (2) since the show cause order sought to have the defendant’s sentence revoked only because he failed to testify truthfully, the trial court could not revoke his sentence for other reasons.